ML20043H082

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Updates 850405 Memo Establishing Procedures for Ensuring That Complete Regulatory History Compiled for Each Rulemaking Action Undertaken by Ofc Under Purview
ML20043H082
Person / Time
Issue date: 05/24/1990
From: Lesar M
NRC OFFICE OF ADMINISTRATION (ADM)
To: Holloway C
NRC OFFICE OF THE CONTROLLER
Shared Package
ML19330E503 List:
References
FRN-55FR21173, RULE-PR-170 AD23-2-59, NUDOCS 9006210556
Download: ML20043H082 (2)


Text

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Af UNITED STATES N.O 2 3 -'

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NUCLEAR REGULATORY COMMISSION

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MEMORANDUM FOR:

C. Jsmes Holloway Office of the Controller FROM:

Michael T. Lesar, Chief Rules Review Section Regulatory Publications Branch Division of Freedom of Information and Publications Services Office of Administration

SUBJECT:

REVISION OF FEE SCHEDULES:

RADI0IS0 TOPE LICENSES AND TOPICAL REPORTS In a memorandum dated April 5,1985 (copy enclosed), the Executive Director for Operations established procedures for ensuring that a completa regulatory history is compiled for each rulemaking action undertaken by an office under his purview.

These procedures are applicable to any proposed or final rule submitted-for publication in the Federal Register after April 5, 1985.

Briefly, these procedures require that --

  • Documents of central relevance to a rulemaking be maintained, and identified for a source of access; and
  • An index of documents comprising the regulatory history be developed and submitted to the Regulatory Publications Branch (RPB) within 60 days af ter the rulemaking is completed.

The final rule that would amend NRC regulations to revise its schedules of

~ fees charged for licensing and regulatory services provided by the NRC was published-in the Federal Register on May 23, 1990.

You should forward the s

completed index for the final rule to RPB by July 23, 1990.

To assist you in preparing the list of documents centrally relevant to this rule, place the designator "AD23-2" in the upper right-hand corner of the first page of each document, including the transmittal memorandum, that you-i send to the Nuclear Document System (NUD0CS), Mail Stop P1-37.

Each document submitted to-NUDOCS that can be made available to the public should be marked "PDR" in the upper right-hand corner of the first page.

Documents that cannot be made available to the public should be marked "CF" (Central Files) in the upper right-hand corner of the first page.

In addition, CF documents should be grouped after the PDR documents in order to streamline the microfiching process.

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PDR PR 170 55FR21173 PDR a

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C. Janes Holloway 2

o You should be sure to check all attachments to each document' marked "PDR" to l:

ensure that no documents to be withheld are inadvertently released.

Examples of documents to be withheld (which sometimes are attached to documents that are released routinely) include Copmmission vote sheets and SECY Papers, in no case should a Commission vote sheet be released.

Under Commission 1

procedures, release of SECY Papers requires the. concurrence of a majority of the Commissioners. Accordingly, the releas4 of any SECY Ppaer must be

' coordinated with the Office of the Secretary. All Commission vote sheets, and any SECY Paper that is to be withheld, should be clearly marked " Central Files only,"

Approximately two weeks after you submit the documents to the NUDOCS you should receive a computer ' printout listing the documents you submitted to the NUDOCS.

If you do not receive the printout within two or three weeks, call the NUDOCS hotline, extension 28603, and request the printout.

You should forward a copy of this printout, which comprises the regulatory history index, to the RPB.

If you have any questions concerning this matter, please call me (extension 27758) or Betty Golden of my staff (extension 24268).

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v Michael T. Lesar, Chief Rules Review Section Regulatory Publications Branch Division of Freedom of Information and Publications Services Office of Administration

Enclosure:

As stated

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NUCLEAR REGULATORY COMMISSION 1

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APR 0 51985 MEMORANDUM FOR:

Robert B. Minogue, Director Office of Nuclear Regulatory Research

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Harold R. Denton, Director Office of Nuclear Reactor Regulation John G. Davis, Director Office of Nuclear Material Safety & Safeguards James M. Taylor, Director Office of Inspection and Enforcement Patricia G. Norry, Director 1

Office of Administration Guy H. Cunningham,'III Executive Legal Director G. Wayne Kerr, Director Office of State Programs Clemens J. Heltemes, Jr., Director Office < for Analysis and Evaluation of Operational Data James R. Shea, Director Office of International Programs FROM:

William J. Dircks Executive Director for Operations

SUBJECT:

REGULATORY HISTORY PROCEDURES l

In a February 15, 1985 memorandum to Chainnan Palladino, issued jointly with the Office of General Counsel, I infonned the Chairman that procedures would be developed for the creation of a regulatory history of each proposed and final rulemaking initiated by the offices reporting to the EDO..

- This memorr.ndum outlines the individual office responsibilities for the implementation of the regulatory history procedures. The objective of the regulatory history is to ensure that all documents of central relevance to a

.particular rulemaking are identified and accessible. This will facilitate the resolution of any issues that may arise concerning the interpretation of a particular regulation. The following procedures will be applicable to any proposed or final rule submitted to the Federal Register for publication after the date of this memorandum. The Rules and Procedures Branch Offic'e J$

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e 2-of Administration, will provide further information on these procedures, as r.ecessary, in the periodic revision of the NRC Regulations Handbook, l.

NUREG/BR-0053, l

Program Office Responsibilitiel Each office that sponsors a proposed or final rulemaking shall ensure that:

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all documents of central relevance to the factual basis, coverage, meaning, and historical development of the rulemaking are identified, and maintained during the course of the rulemaking. Although the Project Manager's judgment will be necessary in some instances to determine whether specific documents are of " central relevance" to a rulemaking, the i

following documents should be included:

the Office of Nuclear Regulatory Research (RES) Independent Review Package (containing the RES recommendations on whether to proceed with the rulemaking, the sponsoring Office's recommendation to proceed with rulemaking, and the evaluation of the rulemaking proposal against the six criteria required for theRESIndependentReview) prior drafts of the rulemaking transmitted for interoffice review formal Office comments on the drafts submitted for interoffice review source documents relied upon in preparing the draft rule (e.g.

research studies, consensus standards endorsed in the draft rule) documents which synthesize or organize data in a form relied upon in the draft rule supporting documentation such as the regulatory analysis, the Cost Analysis Group Report, environmental assessment or environmental impact statement, regulatory flexibility

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analysis, and OMB Clearance Package public comments submitted in response to a Petition for Rulemaking, an Advanced Notice of Proposed Rulemaking, or a Notice of Proposed Rulemaking Committee to Review Generic Requirements (CRGR) minutes and recommendations concerning the draf t rule the ACRS comments on the draf t rule P

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.-3 the Comission Paper transmitting the draft rule to the jl ?

Comission or the memorandum transmitting the rule to the G.

EDO for approval j

the transcript or sumary of the Comission meeting or briefing i

on consideration of the draft rule l

the Staff Requi ements memo containing the Comission recomendations on the draft rule

, the Federal Register Notice for the rule (Petition for Rulemaking. Advanced Notice of Proposed Rulemaking, Notice m

of Proposed Rulemaking, Final Rule, or any)other Federal Register notice issued concerning the rule any other documents.of-central relevance (e.g. interagency correspondence, agreement state correspondence) j.

Documents that fall within any of the above categories must be typewritten rather than handwritten to permit conversion into microfiche by the Document Control System (DCS).

If the only record of substantive office review comments on a draft rule are contained as handwritten annotations on the draft itself, the Project Manager should sumarize these coments in a typed note to the file.

2.

' At the completion of a particular rulemaking action, 'i.e.

publication of the proposed or final rule, the project manager shall compile an index of all documents that comprise the-regulatory history file. The. Project Manager is responsible for identifying a source of access for each document listed.

For internal documents, this will require the Project Manager to ascertain whether each document listed is available in the DCS. The Project Manager must ensure that any internal document i

not already available in the DCS is placed in the DCS, and that the record's accession number is identified for each document on the index. In the case of published documents (e.g. NUREGS, NTIS publications, books, articles, etc.), it will be sufficient to include the bibliographic citation for that document. The Project Manager shall forward the completed index to the Rules and Procedures Branch Office of Administration, within sixty days after the completion of the rulemaking. The title of the index, and the file, should be the name of the rule and applicable NRC citation (e.g.10 CFR Part 50) as it appears in the Federal Register notice, the Federal Register citation and date of publication.

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Office of Administration i

The Rules and Procedures Branch Office of Administration, will be i

responsible for ensuring that a completed-index of the documents comprising the regulatory history has been compiled for each proposed and final i

rulemaking. The Rules and Procedures Branch is also responsible for retaining the index and.for disseminating copies of the index to interested NRC offices.

gipe0Williaa l.Dirds William J. Dircks Executive Director for Operations cc: Herzel H.E. Plaine, GC i

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